The applicant must show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of his specific piece of property at the time of the effective date of this zoning ordinance or where, by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, the strict application of the terms of this zoning ordinance actually prohibits the use of his property in the manner similar to that of other property in the zoning district where it is located.

Variances shall include yard and height regulations only and are limited to the following:

1.

Yard Regulations

a)

A yard regulation variance may not be more than one-half the required yard and shall not encroach upon the required setback for adjacent buildings.

b)

A front yard setback to less than one-half (½) of the required front yard on top of existing footprint of structures constructed before the effective date of this ordinance.

c)

A front yard setback, rear yard setback, or side yard setback in the case of corner lots, less than one-half (½) of the required setback can be granted provided that:

1)

The existing structure is located on the property such that no improvements can be made to the structure due to Limitation (a) above; AND

2)

The existing structure predates the implementation of the City of Watford City's Zoning Ordinance (Ordinance 130, August 21, 1969.)

2.

Height Regulations

A height regulation variance may be given if allowed within the property's zoning district. The City Council shall set a fee by resolution for each foot in height a building is above the permitted height of that zoning district, and such resolution shall be on file for inspection at the office of the City Auditor during normal business hours.

(Ord. No. 213, 7-6-2010; Ord. No. 385, 12-1-2014)

1.

The applicant seeking a variance shall file with the Secretary of the Planning Commission an application upon forms provided, and such application shall be accompanied by such data and information as may be prescribed by the planning commission.

1.

The fee for defraying the costs of the proceedings prescribed herein shall be set by resolution by the City Council, and shall be on file for inspection at the office of the City Auditor during normal business hours.

(Ord. No. 258, 2-6-2012)

1.

Before the Planning Commission shall, by proper action, formulate its recommendation to the City Council on any variance application, the Planning Commission shall hold a public hearing on such proposal. Upon receipt of an application for a variance, the Secretary of the Planning Commission shall cause a notice of public hearing to be published at least ten (10) days prior to the time set for the said hearing in the official city newspaper. Such notice shall contain:

a)

The time and place of the hearing.

b)

A description of any property involved in the variance application, by street address if streets have been platted or designated in the area affected.

c)

A description of the nature of the variance sought.

In addition to the publication, the Planning Commission shall send written notice of the proposed variance to all owners of property adjacent to the property upon which the variance is sought.

2.a)

In granting a variance for yard regulations, the Planning Commission must satisfy itself, from the evidence heard before it, that the granting of the variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience sought by the owner. The Planning Commission shall also find that the variance, if granted, is in harmony with the intended spirit and purpose of this zoning ordinance and does not constitute a direct and obvious amendment to the district regulations or district boundaries. Under no circumstances shall the Planning Commission grant a variance allowing a use within a district not permissible under the terms of this ordinance.

b)

In granting a variance for height regulations, the Planning Commission must satisfy itself, from the evidence heard before it, that all of the following conditions are present:

1.

The variance will not be detrimental to or endanger the public health, safety or general welfare;

2.

The existing permitted uses in the neighborhood will not in any manner be substantially impaired or diminished by the variance;

3.

The variance will not impede the normal and orderly development of the surrounding property for uses permitted in the district;

4.

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

5.

Adequate measures have or will be taken to provide access and exit so designed as to minimize traffic congestion in the public streets; and

6.

The variance shall conform to all special provisions of the district in which it is located.

Under no circumstances shall the Planning Commission grant a variance allowing a use within a district not permissible under the terms of this ordinance.

(Ord. No. 385, 12-1-2014)

1.

Upon receipt of the recommendations from the Planning Commission on any proposed variance, or in the event of the failure of the Planning Commission to so report after ninety (90) days from the date of the public hearing before the Planning Commission, the City Council may either grant or deny the proposed variance. The City Council may hold a public hearing on the proposed variance to gather further information upon the proposed variance.

2.

Any party who desires to appeal any action taken by the Planning Commission on a proposed variance may have the action reviewed by the Board of Zoning Appeals by filing an appeal with the City Auditor within seven (7) days from the date of the action appealed from as provided for under Article XXIX.